Legal Opinion · Dissent
McCallin v. Walsh
Appellate Division of the Supreme Court of the State of New York
Decided July 20, 1978Published
1Dissent
Murphy, P. J. (dissenting in part).
I do not challenge the wisdom of this legislation nor the need for it. (Queenside Hills Co. v Saxl, 328 US 80, 82.) Likewise, I agree with the majority that, with one exception (smoke venting), the outlays mandated by Local Law No. 5 are not disproportionate to the owners’ capital investment or the benefits to be obtained (Oriental Blvd. Co. v Heller, 27 NY2d 212, 221). However, for the specific reasons stated below, I find that the smoke venting and the stairway pressurization provisions are unconstitutional, and thus, unenforceable. I also agree with the…
2Cases cited6 opinions
- Queenside Hills Realty Co. v. SaxlSupreme Court of the United States · 1946
- Oriental Boulevard Co. v. HellerNew York Court of Appeals · 1970
- City of Buffalo v. New York Central RailroadNew York Supreme Court · 1925
- City of Buffalo v. New York Central Railroad CompanyNew York Court of Appeals · 1936
- Baum v. Long Island RailroadCity of New York Municipal Court · 1908
1 more not listed; retrieve them via the Exa API.